NSW Caselaw
New South Wales Supreme Court
CITATION : STATE OF NSW v McCARTHY [2009] NSWSC 1407
HEARING DATE(S) : Thursday 3 and Friday 4 December 2009
JUDGMENT DATE : 16 December 2009
JURISDICTION : Common Law
JUDGMENT OF : Hall J at 1
DECISION : (1) An order pursuant to s.9(1)(a) of the Crimes (Serious Sex Offenders) Act 2006 that the defendant be subject to an extended supervision order, which order is subject to the conditions in order (2), for a period of five years to commence at 4.00 pm on 16 December 2009. (2) In respect to order (1) above and pursuant to s.11 of the Crimes (Serious Sex Offenders) Act 2006, I order and direct the defendant to comply with the conditions set out in the Schedule to this Order.
CATCHWORDS : SERIOUS SEX OFFENDER – application for extended supervision order with conditions attached – statutory threshold satisfied – consideration of appropriate term – expert evidence
Child Protection (Offenders' Prohibition) Act 2004 Child Protection (Offenders' Registration) Act 2000 LEGISLATION CITED : Crimes Act 1900 Crimes Act 1914 (Cth) Crimes (Sentencing Procedure) Act 1999 Crimes (Serious Sex Offenders) Act 2006
State of NSW v Hayter [2009] NSWSC 611 CASES CITED : State of NSW v Manners [2008] NSWSC 1376 State of NSW v Tillman [2008] NSWSC 1293 Tillman v Attorney General for New South Wales [2007] NSWCA 327
PARTIES : STATE OF NSW v Rodney Raymond McCARTHY
FILE NUMBER(S) : SC No 14654 of 2009
COUNSEL : P: Dr D Kell D: D Thiering
SOLICITORS : P: I V Knight D: Legal Aid Commission
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